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KOINONIA

LIFE PLAN
CORPORATION
(NAR) VOL. 22 NO. 1, JANUARY - MARCH 2011

[ DOH ADMINISTRATIVE ORDER NO. 2010 - 0033, December 06, 2010 ]


REVISED IMPLEMENTING RULES AND REGULATIONS OF PD 856 CODE ON
SANITATION OF THE PHILIPPINES CHAPTER XXI “DISPOSAL OF DEAD
PERSONS”

I. RATIONALE

Embalming is the process of cleaning, disinfecting and treating the dead


human body with chemicals to delay its decomposition after death, so as to
provide time for viewing and mourning before the final disposition. In
ancient times, embalming was done for religious reasons. During the
American Civil War, it was done to preserve the bodies of soldiers so they
could be brought home for burial by their families. Today, embalming is
considered a science and an art. It is not only done to delay natural
decomposition but also to restore the pleasing appearance as family and
friends say their last farewells. Likewise, the procedure is significant for
preservation of evidence that could be used in medico-legal cases.

Over the past decades, practices involving disposal of the dead have
undergone profound transformation, not only in the Philippines but
worldwide. These changes requires revision of the subject implementing
rules and regulations to improve the quality of embalming practice in the
country to become globally comparable with other countries. Embalmers
today are therefore, looked up to, because of the significant services they
render including counseling assistance to bereaved parties.

The Department of Health created the Committee of Examiners for


Undertakers and Embalmers (CEUE) to regulate the practice of embalming
in accordance with the provisions of the Code on Sanitation of the
Philippines (PD 856) and Executive Order No. 102 s.1999. The issuance
mandates the committee to ensure that only qualified individuals enter the
regulated profession and that the care and services which the embalmers
provide are within the standards of the practice.

This revised Implementing Rules and Regulations (IRR) shall adopt among
others, the current trends and modern practices of embalming towards
competence and globally competitiveness of the profession, hence improve
the quality of health service delivery.

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II. OBJECTIVES

General: To update the standards in the disposal of dead persons.


Specific:
1. Upgrade the quality of services accorded to dead persons;
2. Recognize the specific offices responsible relative to the disposal of
dead persons
3. Instill the essence of compassionate service among those responsible
for care of dead persons.

III. SCOPE

This implementing rules and regulations shall apply to all embalmers,


accredited embalming training institutions and training providers public and
private burial grounds and other similar institutions operated by government
agencies or instrumentalities including government – owned or controlled
corporations, private organization, firms, individuals or other entities.

IV. DEFINITION OF TERMS

To provide the implementers / stakeholders a common frame of reference in


the interpretation of these rules and regulations, the following terms as
used in this Order are herein defined.

1. Burial – This refers to the interment or burying of the remains of a dead


person in a grave or tomb.
2. Code – This refers to the Code on Sanitation of the Philippines, PD # 856
3. Committee – This refers to the Department of Health Committee of
Examiners for Undertakers and Embalmers (CEUE)
4. Death Certificate – This refers to a legal document certifying the death of
a person issued by the attending physician or in his/her absence, by the
city/municipal health officer or other duly authorized government official,
using the prescribed form.
5. Dead – This refers to a person exhibiting one or more of the following
signs and observations:
 Irreversible absence of pulse and respiration
 Total absence of brain activity
 Cooling of the body to well below normal temperature, 35 oC or less
after 6 hours (algor mortis)

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 Pooling of blood in dependent (lower) parts giving the skin a red
coloration in those areas (livor mortis)
 Stiffening of the body due to rigor mortis
 Sunken and cloudy eye balls
 No moisture appears on a mirror placed near the mouth

6. Department – This refers to the Department of Health (DOH)

7. Embalming – This refers to the process by which a dead body is sanitized,


preserved and restored before final disposition through the application,
injection or introduction of any chemical substance, drug or herb internally
and/or externally.

8. Embalming Facility – This refers to a place authorized by law where dead


bodies are embalmed and prepared for final disposition.

9. Embalmer – This refers to a person duly licensed by the DOH to embalm


dead bodies

10. Extreme Case – This refers to an exceptionally difficult situation with


one or more of the following conditions:
• Absence of a doctor
• Far flung area
• Mass casualty incidence
• Mass burial
• Absence of relatives

11. Funeral Establishment – This refers to a place authorized by law offering


funeral services, chapels and embalming facilities for a deceased person for
burial or cremation.

12. Health Certificate – This refers to an official written certification issued


by the city or municipal health officer to a person employed in a funeral
establishment or other related service after passing the required physical
and medical examinations.

13. Local Government Unit (LGU) – This refers to a local political


subdivision; the province, city, municipality or barangay.

14. Local Health Authority – This refers to the official or employee

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responsible for the application of a prescribed health measure in a local
political subdivision. For a province, the local health authority is the
governor and for a city or municipality, the local health authority is the
mayor.

15. Local Health Officer – This refers to the officer heading the health team
of the local health authority; the provincial, city or municipal health officer.

16. Morgue – This refers to a place in which dead bodies are temporarily
kept pending identification, autopsy and/or removal for final disposition.

17. Regional Director – This refers to the DOH official heading the Regional
Health Office or the Center for Health Development (CHD).

18. Sanitary Engineer – This refers to a person duly registered with the
Board of Examiners for Sanitary Engineers (Republic Act 1364) and who
heads the Sanitation Division/ Section/Unit of the provincial, city or
municipal health office or rural health unit or employed with the Department
of Health or its regional health offices.

19. Sanitation Inspector – This refers to a government officer, employed by


the national, provincial, city or municipal government, who enforces
sanitary rules, laws and regulations and implements environmental
sanitation activities under the supervision of the provincial/ city/ municipal
health officer/ sanitary engineer.

20. Sanitary Permit – This refers to a written permission or certification of


the city or municipal health officer or in his absence, the chief or head of
the sanitation division/ section/ unit, that the establishment complies with
existing sanitation requirements upon evaluation or inspection conducted in
accordance with Presidential Decree No. 522 and 856 and local ordinances.

21. Undertaker – This refers to a person who practices undertaking.

22. Undertaking – the care, transport and disposal of the body of a deceased
person by any means other than embalming.
V. GENERAL GUIDELINES

Article I
Sanitary Requirements in Establishments and Operations

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Section 1: Burial Ground Requirements


1.1 The requirement for a death certificate before burial may be waived in
the case of special circumstances when the death certificate cannot be
issued in time. These includes but are not limited to:
1.1a The deceased died from a dangerous communicable disease and
must be buried within 12 hours
1.1b The family members of the deceased have requested immediate
cremation without embalming or viewing
1.1c The kin opt for immediate burial
1.1d Religious Beliefs or Tradition, such as Islam or the Jewish faith
calls for burial within 12 hours after death

In these cases, death certificate issuance shall be completed within 12


hours after burial or sanction shall be imposed by the local health authority.

1.2 No remains shall be buried without a burial permit issued by the


city/municipality where the burial will take place.

1.3 Funeral parlors or embalming establishments shall not hold unclaimed


bodies longer than 60 days or sanction shall be imposed by the local health
authority.

1.4 The following are declared as Dangerous Communicable Diseases:


1.4a Hepatitis B and C
1.4b Rabies
1.4c Invasive group A streptococcal infections
1.4d Transmissible spongiform encephalopathies (e.g. Creutzfeldt-
Jakob Disease or CJD and mad cow disease)
1.4e HIV/AIDS
1.4f Meningiococcemia
1.4g Viral hemorrhagic fevers (e.g. African Ebolas, Lassa or Marburg)
1.4h Yellow fever
1.4i Plague
1.4j SARS
1.4k Other communicable diseases that shall be declared by the
Department of Health

It is recognized that viral hemorrhagic fever, yellow fever, plague and SARS

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are not found in the Philippines at this time but they may be brought in at
any time by travelers.

1.5 The following are the requirements when the cause of death is
dangerous communicable disease:
1.5a The remains shall be placed in a plastic cadaver bag or other
durable, airtight container at the point of death and a biohazard tag
attached, provided, that, this container shall not be opened for viewing
or any other purpose prior to burial or cremation;

Section 2: Closure and removal of cemeteries


2.1 Upon the recommendation of the local health authority, a cemetery may
be ordered closed by the regional health director subject to the approval of
the Secretary of Health when its further use poses a threat to public health
such as when:
2.1a The requirements for the 25-meter and 50-meter distance from
the nearest dwelling house and source of water supply, respectively,
are no longer met;
2.1b Refuse has been allowed to accumulate and the vermin
abatement program has not been maintained;
2.1c The sanitary requirements have not been maintained in good
working order;
2.1d Persons are being allowed to reside inside the cemetery;

The Regional Health Director or his duly authorized representative shall


have the authority to monitor, implement and enforce sanitary rules and
regulations, including violation of regulations against residing inside the
cemetery premises. Violations thereof shall be a ground for closure and
revocation of the permit if the deficiencies are not corrected within a
specified time period.

Section 3: Funeral and Embalming Establishments


3.1 Personnel
3.1.1 Undertakers
3.1.1a Accompany the transfer of deceased person by land or by sea
at a distance more than 50 kilometers from the place of origin or, in
the case of air transport, make arrangements for the remains to be
met by another undertaker at the destination.

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3.1.1b Update their knowledge by undergoing training conducted by


Department of Health accredited trainers/ institutions

3.1.2 Embalmers
3.1.2a Embalmers shall be licensed to practice only after
compliance with the requirements prescribed by the Department of
Health. Such license is renewable every three (3) years on their birth
month at their respective regional health offices;

3.1.2b Responsibilities of embalmers shall include but shall not be


limited to the following:
i. Ensure the identity of the deceased before proceeding with
embalming;
ii. Attend to all procedures of embalming of remains;
iii. Ensure that no parts of the remains shall be removed during
embalming;
iv. Apply all sanitary precautions in embalming of remains; and
v. Update their knowledge by undergoing training conducted by
Department of Health accredited trainers/ institutions/
associations

3.1.3 Other Personnel

Other personnel of the establishment shall have an up-to-date health


certificate.

3.2 Classification of Funeral Establishments


3.2.1 Funeral Establishments shall be classified in three (3) categories
which are described as follows:

3.2.2 Category 1 – establishments with chapels and embalming facilities


and offering funeral transport services;
3.2.3 Category II – Establishments with viewing chapels and offering
funeral transport services but without embalming facilities; and
3.2.4 Category III – Establishments offering only funeral transport
services from the place of origin and viewing to the place of burial place

3.2.4a Category I establishments, in compliance with the provisions


of Section 3.3 below, may enter into a memorandum of agreement

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(MOA) with Categories II and III establishments to provide embalming
services, provided, that, the Category II and III establishments are
within 50 kilometers of the Category I establishment. The duly
notarized memorandum of agreement shall contain the following:
3.2.4b Name of the contracting parties and the registered name of
their corresponding funeral establishments
3.2.4c Schedule of fees for embalming services;
3.2.4d Date contracted and dates of effectivity;
3.2.4e Signature of the contracting parties;
3.2.4f Certificate of Registration and Updated License of Embalmer(s).

3.3 The number of Category II and III establishments that may be served by
a Category I establishment shall be governed by the table below.

NUMBER OF LICENSED NUMBER OF ACCREDITED ALLOWED CATEGORY II


EMBALMERS OR CATEGORY III ESTABLISHMENT
1-2 1-4
2-4 5-8
5-UP 3 or more
3.3.1 Categories II and III funeral establishments shall have a current
and valid memorandum of agreement with a Category I establishment
for embalming services as a requirement for renewal of their annual
sanitary permit. The memorandum of agreement shall be valid for the
entire period of the sanitary permit. Personnel of Category II and
Category III shall not embalm dead persons except in a licensed
facility. Violation of this provision shall be a ground for cancellation
of their permit to operate;

3.3.2 All Category I establishments providing embalming services to


other establishments shall maintain a record of all bodies embalmed
for each subscribing Category II or III establishments. These records
shall contain the name, sex, age and home address of the person
embalmed and the name of the next of kin. Said records shall be
maintained for a minimum of five (5) years after the services were
provided;

3.3.3 For embalming rooms, ventilation shall be provided with an


exhaust fan drawing from about 60 cm above the floor with fresh air
inlet(s) on or near the opposite side of the room. The exhaust fan

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shall have a capacity of not less than 0.3 cubic meters per minute.
During embalming, no fresh air inlet shall be opened on the same wall
as the exhaust fan or on nearby side walls;

3.3.3a Embalming shall be performed on a table made of single


marble slab, aluminum, stainless steel or other equally impervious
materials with a minimum size of 0.60 m. x 1.80;

3.3.3b Embalmers and undertakers shall use personal protective


equipment (PPE) such as rubber gloves, aprons, boots and safety
goggles while working;

3.3.3c Washing facilities with soaps, detergents and germicidal


solutions shall be provided for use of the working personnel;

3.3.3d Embalmers and undertakers shall be provided with lockers and


closets for personal protective equipment and a separate closet for
chemicals used for embalming.

Section 4: Evaluation and Inspection


4.1 Sanitation Inspection Fee

The fees payable for every inspection shall be of such amount prescribed by
local ordinance.
FLOW CHART OF EVALUATION AND INSPECTION PROCEDURE

Payment of amount prescribed by local ordinance shall be made at the


city/municipal treasurer concerned.
(See Image (NAR) VOL. 22 NO. 1/ JANUARY - MARCH 2011 page 265)
Inspection of the establishment within 7 days after payment of inspection
fee at the city/municipal treasurer concerned.

(See Image (NAR) VOL. 22 NO. 1/ JANUARY - MARCH 2011 page 265)
City/Municipal Health Officer or Chief of Sanitation Division / Section / Unit
or local health office, issues a Mission Order (EHS Form No. 112) as
specified in Sect. 8.3.b.

(See Image (NAR) VOL. 22 NO. 1/ JANUARY - MARCH 2011 page 265)
Sanitary Engineer / Sanitation Inspector conducts the sanitation Inspection

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Article II
Organization, Examination & Registration

Section 5: Committee of Examiners for Undertakers and Embalmers

5.1 Membership
5.1.1 There shall be a Committee of Examiners for Undertakers and
Embalmers, hereinafter referred to as the “Committee”, which shall be
under the direct supervision of the Secretary of Health (DOH). It shall
be a collegial body composed of a chairperson and members to be
appointed by the Secretary of Health;

5.1.2 The Committee shall be created through a Department Personnel


Order (DPO) and shall be composed of members from the following
offices/ institutions:
5.1.2a National Center for Disease Prevention and Control
(NCDPC) – Chairperson
5.1.2b Health Human Resource Development Bureau (HHRDB) –
Vice- Chairperson
5.1.2c Sanitary Engineer – Member
5.1.2d Pathologist – Member
5.1.2e Legal Officer – Member
5.1.2f 4 Embalmers – assessors / facilitators (active members of
an organization of licensed embalmers);

5.1.3 The Health Human Resource Development Bureau shall serve as


the Committee Secretariat;
5.1.4 The chairperson, vice-chairperson and the members shall hold
office for three (3) years or until their successors shall have been
appointed and duly qualified without prejudice to reappointment for
another term.

5.2 Duties and Functions of the Committee

The Committee shall have the following functions and duties


5.2.1 To announce, schedule and hold examinations for embalmers; to
approve or disapprove applications for examination and to
perform all other duties pertinent and related thereto;
5.2.2 To issue licenses to embalmers who have satisfactorily passed
the licensure examination and have complied with the

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requirements prescribed by law; to deny the issuance of license
to any candidate and / or to cancel the license issued to any
holder of certificate upon conviction of any criminal offense
involving moral turpitude, or has been declared to be of unsound
mind or physically unfit, or who has been found violating existing
laws, rules and regulations as the case maybe;
5.2.3 To issue certified true copies of lost or damaged licenses for
embalmers;
5.2.4 To conduct investigations to all sworn complaints against
licensed embalmers and to submit its findings and recommendations
to the Secretary of Health for appropriate action;
5.2.5 To accredit institutions, associations or trainers conducting
training programs and review courses for embalmers;
5.2.6 To establish criteria for the accreditation of institutions,
associations or trainers who shall train the embalmers;
5.2.7 It shall be the duty of the Department of Health (DOH)
Committee of Examiners for Undertakers and Embalmers (CEUE) to
cause the monitoring of embalmers at least twice a year or as may
deem necessary for the enforcement of the rules and regulations as
applied to licensed embalmers;
5.2.8 To perform other functions necessary to regulate, standardize,
professionalize and uplift the practice of embalming;
5.2.9 To perform such other related duties assigned by the Secretary
of Health to implement pertinent provisions of the Code on Sanitation
of the Philippines (PD 856) and these implementing rules and
regulations.

5.3 Honoraria of the Committee


The Chairperson, Vice-Chairperson and Members of the Committee shall
receive a monthly allowance during their term of office. Likewise, they are
allowed to receive honorarium as resource speakers/persons under
Administrative Order No. 93 s.2003 dated September 23, 2003.

Section 6. Examination and Registration of Embalmers

6.1 Date of Examination


Examinations for embalmers shall be conducted any day within the first
week of March and September of every year. In exceptional cases, the
committee may give the examination on other dates outside the prescribed
ones as may be deemed necessary.

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6.2 Place of Examination


The examination for embalmers shall be conducted at the Department of
Health, Manila or other venues as determined by the Committee. The CEUE
may conduct simultaneous licensure examinations in the Central Office and
the Centers for Health Development (CHDs). However, it is recommended
that CHDs must have a minimum of FIFTY (50) examinees per schedule for
cost-effectiveness.

6.3 Qualifications of Applicants


Applicants for embalmers licensure examination must have the following
qualifications:
6.3.1 Filipino citizen;
6.3.2 at least eighteen (18) years of age at the time of the
examination;
6.3.3 must be of good moral character as certified by the barangay
captain of the community where the applicant resides;
6.3.4 must submit a certification or clearance from the National
Bureau of Investigation (NBI) or the provincial fiscal indicating that
he/she is not convicted by the court of any case involving moral
turpitude;
6.3.5 must submit a medical certificate from a government physician
that he/ she is physically and mentally fit to take the licensure
examination;
6.3.6 must be at least a high school graduate;
6.3.7 must submit a certification from any Department of Health
accredited training institution signed by the accredited training
provider that he/she had received the following instructions:

COURSE CODE COURSE TITLE Total Number of Hours


ANA-PHY Anatomy – General and Organ
System
Anatomy as Applied in
Embalming
Physiology– General and Organ
System
Physiology as Applied in
Embalming 10 Hours
MIC-PARA Microbiology – General
Microbiology as Applied to
Embalming

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Parasitology – General
Parasitology as Applied to
Embalming
10 Hours
EMB I Embalming I – Practice of 30 Hours
Embalming
EMB II Embalming II – Hygiene and 10 Hours
Sanitation
EMB III Embalming III – Ethics and 20 Hours
Jurisprudence
CP Practical – actual exposure / cases 60 Hours
TOTAL NUMBER OF HOURS 140 Hours
6.3.8 must submit a certification that he/she has skillfully embalmed at
least 10 cadavers within a one (1) year period under the supervision of
any licensed embalmer;
6.3.9 must submit the notarized accomplished application form with
three (3) copies of passport size photograph taken within the last six
(6) months.

6.4 Examination Fees


Applicants shall pay an examination fee in the amount prescribed by the
Department. The application form and the examination fee, including the
necessary documents stat- ed, must be filed two weeks before the
examination date in order for the applicant to be included in the list of
examinees.

6.5 Scope of Examination


The examinations shall consist of the theoretical and oral / practical
questions. The theoretical examination shall be conducted in writing and
comprise basic questions based on Section 6.3.7. The oral/ practical
examination shall consist of the procedures and techniques in embalming
the remains.

6.6 Passing Average

6.6.1 For an examinee to pass the examination, he/she must obtain a


general average of 75% in the written examination and a general
average of 75% in the oral /practical examination.
6.6.2 Only those who have passed the theoretical examination shall
be allowed to take the oral/practical examination;

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6.6.3 All the examinees who passed the theoretical examination shall
take the oral/practical examination within one (1) month after official
advice, otherwise, the results of the theoretical examination shall be
deemed cancelled;

6.7 Certificate of Registration

6.7.1 Issuance
6.7.1.a All examinees who have passed the required
examination shall be issued a certificate of registration duly
signed by the chairperson of the Committee and approved by the
Secretary of Health
6.7.1.b The certificate of registration shall bear the recent
picture and signature of the successful examinee and will be valid
for three (3) years. Payment of registration and miscellaneous fees
shall be paid to the Department of Health (central offices).
6.7.1.c The certificate of registration shall be posted
conspicuously in the establishment concerned.
6.7.1.d Renewal of the Certificate of Registration
- An embalmer shall apply for the renewal of the certificate of
registration on his / her birth month and pay the registration and
miscellaneous fees every three years in any Regional Health
Office/Center for Health Development;

The following requirements shall be presented when applying for renewal of


the Certificate of Registration:
i. Health certificate;
ii. Current professional tax receipt;
iii. Current community tax certificate;
iv. Receipt as payment of registration and miscellaneous fees for three
years in the amount prescribed by the Department of Health;
v. Certificate of attendance to continuing education/training on
undertaking and embalming conducted by
institutions/associations/trainers accredited by the Department of
Health (AO 2008-0031 Form # 3 and Department Circular No. 2009-001);
and
vi. When all the requirements are found in order, the said certificate
shall vii. be stamped with the notation”VALID UNTIL ______” and the
receipt number of the registration fee and the signature of the Regional
Health Office Director concerned shall be affixed below.

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6.7.1.e The Regional Health Office Director/CHD concerned shall


submit the list of renewed licenses of undertakers and
embalmers to the committee every last quarter of the year.

6.8 Suspension or Revocation of Certificate of Registration


The Committee and / or the Regional Health Office Director concerned shall
recommend to the Secretary of Health to reprimand those erring embalmers
or those embalmers found guilty after due process and investigation on any
of the following grounds:

i. Conviction by a court of competent jurisdiction of any criminal


offense involving moral turpitude;
ii. Insanity;
iii. Fraud in the acquisition or renewal of the certificate of
registration;
iv. Gross negligence, ignorance or incompetence in the practice of
his/ her occupation;
v. Addiction to alcoholic beverages and prohibited drugs;
vi. False or unethical advertisement and practice;
vii. Physical incapacity which will impair the performance of the duty
as undertakers and embalmers; and
viii. Failure to revalidate the certificate of the registration for at least
five (5) years; and
ix. Other analogous grounds affecting the occupation.

Article III
Practice of Undertaking and Embalming

Section 7: Legal Functions Defined

7.1 Licensed embalmers shall practice embalming in accordance with the


following:

7.1.1 No embalmer shall embalm any remains without first obtaining the
corresponding death certificate duly signed by the attending physician or, in
the absence of an attending physician, the city/municipal health officer and
permission of the responsible family member, provided, that, in case the
death certificate is not available and to avoid delay in sanitizing the
remains, the embalmer may proceed with a written “permission to embalm”
executed by the attending physician or an “attestation of death” executed
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by a local health officer. Both documents shall contain the name of the
deceased, age, sex and home address. The “permission to embalm” shall
also indicate the cause of death;

7.1.2 The said embalmer, before proceeding on his/her work, must assure
himself/herself that no autopsy of the remains will be necessary for medico-
legal and pathological purposes;

7.1.3 No embalmer shall embalm any dead human body that died from
dangerous communicable disease as set out in Section 1.4 above. If the
embalmer is uncertain if a communicable disease case should or should not
be embalmed, the same shall be reported first to the local health officer
before embalming;

7.1.4 Every licensed embalmer shall certify, sign and affix his/her license
number after his/her signature on the back of the death certificate stating
the time and date of embalming. Failure to do so, he/she must submit to the
Municipal Health Officer a sworn statement attesting that he/she did
embalm the corresponding body executed before two witnesses who were
present at the time of embalming;

7.1.5 No embalmer shall embalm any dead human body with any fluid or
preparation of any kind containing arsenic, strychnine, mercury, or any
poisonous alkaloid without special permission from the Secretary of Health
or his duly authorized representative;

7.1.6 Embalming operation shall only be performed in an embalming room/


facility duly permitted to operate. Such establishment shall be free from
vermin;

7.1.7 In exceptionally difficult circumstances that hinder transporting the


remains to a duly permitted embalming room / facility, the unembalmed
remains must be buried immediately within 48 hours. A written report shall
be submitted to the local health officer by the embalmer right after;

7.1.8 Embalming operations shall only be performed in a morgue or


embalming room duly permitted to operate. Such establishment shall be free
from vermin. In exceptionally difficult circumstances, embalming operations
may be done at the home of the deceased, provided, that intracavity or
arterial injections only are used and precautions are taken to safeguard

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public health. Within six (6) hours after performing an emergency
embalming operation, a written report shall be submitted to the local health
officer by the embalmer. Failure to do so shall subject the embalmer to
sanction by the local health authority and/or the Department of Health or its
duly representative;

7.1.9 Embalmers shall comply with the procedure, method of embalming and
embalming fluid to be used; and other preparations promulgated by the
Committee and approved by the Secretary of Health; and

7.1.10 In case of calamity, disaster or epidemic where the number of


victims can no longer be attended by local embalmers, the local health
authority may institute cremation or mass disinfection prior to burial;

7.2 Undertakers shall practice undertaking in accordance with the


following:

7.2.1 The undertaker shall ensure that the remains are properly laid in the
casket and free from odor and excess moisture to the extent possible;
7.2.2 The undertaker shall be responsible for the physical arrangements of
the remains including the make-up, floral and lighting arrangement;
7.2.3 The undertaker shall prepare the burial site to meet the provision of
these rules and regulations; and
7.2.4 The undertaker shall accompany the remains from the funeral parlor to
the burial site.

Section 8: Autopsy and Dissection of Remains


8.1 The following persons are authorized to perform autopsy and
dissection:
8.1.1 Health Officer- provincial, municipal, city health officers;
8.1.2 Medical officers of law enforcement agencies such as:
i. Philippine National Police
ii. National Bureau of Investigation
8.1.3 Members of the medical staff of accredited hospitals

8.2 Autopsies shall be performed in the following cases:


8.2.1 Whenever required by special laws. These special laws are those
currently enforced by the authorities.
8.2.2 Upon order of a competent court, a mayor and a provincial or city
prosecutor;

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8.2.3 Upon written request of police authorities;
8.2.4 Whenever the solicitor general, provincial or city prosecutor as
authorized by existing laws, shall deem it necessary to disinter and
take possession of remains for examination to determine the cause of
death;
8.2.5 Whenever the nearest of kin request in writing the authority
concerned to ascertain the cause of death;

8.3 Requirement of the autopsies who died in accredited hospitals:


8.3.1 The director or chief of the hospital shall notify in writing the
next of kin of the cause of death of the deceased and request
permission to perform autopsy;
8.3.2 Autopsy can be performed when the permission is granted or
when no objection is raised on such autopsy within 48 hours after
death; and
8.3.3 In cases where the deceased has no next of kin, the permission
shall be secured from the local health authority.

Section 9: Human Resource Production, UtilIzation, Placement and


Development
The Committee, in coordination with the accredited training institutions,
accredited training providers, as well as the professional organizations, is
hereby mandated to formulate and develop a comprehensive Embalmers
Program indicating a continuing embalmers education (CEE) that includes a
valid assessment of career performance and potential, towards upgrading
the level of skills of embalmers in the country, such as but not limited to the
areas of performing embalming procedures as may be determined by the
Committee.

Section 10: Salary and Compensation


In order to enhance the general welfare and commitment to service and
professionalism of embalmers, the minimum base pay of licensed
embalmers working in funeral parlors and areas relevant to the practice of
the profession, shall not be lower than the prevailing minimum Wage Law.
Provided, that for licensed embalmers working in small funeral
establishments, adjustments of their salaries shall be in accordance with
the number of cadavers per month as per agreement between the embalmer
and the employer.

Section 11: Penal Provision

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11.1 Any person who shall practice embalming in the Philippines
within the meaning of this mandate without a certificate of
registration issued in accordance herewith, or any person presenting
or using as his /her own certificate of registration or that of another or
any person assuming, using or advertising himself/herself, as a
licensed embalmer without having been conferred such title by the
Department of Health, Committee of Examiners for Undertakers and
Embalmers, shall be prosecuted before the Court of Justice as
provided for in Section 103 (a) and (b) of the Code on Sanitation of the
Philippines (PD 856).

11.2 All licensed embalmers and other personnel who shall violate the
provisions of the Code on Sanitation of the Philippines (P.D 856) and
these implementing rules and regulations shall be punishable by
revocation / suspension of license to practice the profession, or shall
be prosecuted before the Court of Justice as provided for in Section
103 (a) and (b) of the said Presidential Decree.

Section 12: Separability Clause


In the event that any rule, section, paragraph, sentence, clause or words of
these implementing rules and regulations is declared invalid for any reason,
the other provisions thereof shall not be affected thereby.

Section 13: Repealing Clause


All rules and regulations which are inconsistent with the provisions of these
implementing rules and regulations are hereby repealed or amended
accordingly.

Section 14: EffectivityThese Implementing Rules and Regulations shall


take effect after fifteen (15) days from date of publication in the official
gazette or newspaper of general circulation.
Adopted: 6 December 2010.

(SGD) ENRIQUE T. ONA, MD, FPCS, FACS


Secretary of Health

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